Volume 1, Number 3 9 Winter 1971
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BOARD OF EDITORS Volume 1, Number 3 9 Winter 1971 Editor-in-Chief RALPH R. SMITH CONTENTS Associate Editor FOREWORD MICHELE D. WASHINGTON Derrick ,A. Bell Assistant Editors 197 EQUAL EDUCATIONAL OPPORTUNITY-AN OVERVIEW Robert L. Carter MARILYN AINSWORTH REGINALD H. ALLEYENE, JR. 206 EMERGING NATIONWIDE STANDARD--CHARLOTTE JEANIEL G. GRAY AND MOBILE 1971 WILLIAM K. HAYES Kenneth L. Karst HENRY W. McGEE, JR. and Harold W. Horowitz J. WILLIE SMITH 222 BUSING AS A PERMISSIBLE TOOL OF DESEGREGATION WARNER SMITH Ronald Brown Consulting Editors 234 THE IMAGE OF BLACK PEOPLE IN BROWN V. BOARD OF EDUCATION KENNETH L. COLLINS HAYWOOD BURNS Donald W. Howie NATHAN HARE ANDREA HILL 241 BLACK JUDGES IN WHITE AMERICA ROBERT PICKETT (Introduced and Edited by Michele Washington) ARTHUR E. SMITH DONALD M. STOCKS 247 BLACK LAW JOURNAL INTERVIEW BARBARA J. WILLIAMS GEORGE W. CROCKETT: THE OPENER FRANK A. WORK (Preface and Commentary by Warner. Smith) 260 BLACK REPRESENTATION IN THE, THIRD BRANCH Beverly Blair Cook 281 BOOK REVIEW Minimizing Racism in Jury Trials: The Voir Dire Conducted by Charles R. Garry in People of Cali- fornia v. Huey P. Newton (Reviewed by Ralph R. Smith and T. Larry Watts) 285 ORGANIZATIONAL NEWS Black American Law Students Association, National Conference of Concerned Law Students, National Conference of Black Lawyers, Judicial Council of the National Bar Association THE BLACK LAW JOURNAL is published three times yearly (Spring, Summer, Winter) by the Black World Foundation, a non-profit educational organiza- tion. (P.O. Box 908, Sausalito, CA 94965). Address all editorial and subscription correspondence to THE BLACK LAW JOURNAL, UCLA, 3107 Campbell Hall, Los Angeles, CA 90024. Subscription rates: Students $5, Gen. $10, Contributing Member $25, Institutional Rate $25, Supporting Member $50, Founding Member $100. Foreign rates on request. @Copy- right 1971. All rights reserved by THE BLACK LAW JOURNAL. UCLA. ACKNOWLEDGEMENT In this final issue of the BLACK LAw JouRNAL'S first volume, the Editors extend their sincere appreciation to the many individuals, only some of whom are listed below in the limited space available, whose combined efforts, contri- butions and interest serve as a continuing inspiration. Marcus Alexis Donald W. Howie Carole Alston *Jesse T. Jenkins, III Richard F. America *Timothy L. Jenkins Earnest L. Aubry *Michael Judge Derrick A. Bell , J. Anthony Kline Edward F. Bell Walter Karabian *David A. Binder Kenneth L. Karst Black Graduate Student Los Angeles Brotherhood Association, UCLA Crusade "Black Law Students Ken Long Association, UCLA Mark Luckie Black World Foundation Stanley Malone, Jr. J. Herman Blake *The Management Reports, Inc. Barbara Bosustow Arthur Martin Bob Bowers, Jr. Donald McCullum Thomas Bradley Floyd B. McKissick Walter Bremond James D. Montgomery Ronald Brown *National Bar Foundation Haywood Bums *National Black American Law *California Black Leadership Student Association Conference *National Conference of Black Robert L. Carter Lawyers Center for Afro-American *National Lawyers Guild Studies, UCLA New World Foundation William Clay *George Osborne Legrand Clegg, H Dorothy Otani Paul Cobb *Sallyanne Payton James Cobb Jean Petrelli *Cochran & Atkins Monroe E. Price Kenneth L. Collins Geraldine Reed Beverly Blair Cook William Richardson Toni Cook Ron Ridenour *A. J. Cooper Beverly Robinson George W. Crockett, Jr. Robert A. Rogers Ronald V. Dellums Allan Ross David Dennis Leonard E. Ryan Arnand Derfner 0J. Stanley Sanders Leslie Dunbar *Murray L. Schwartz Mervyn Dymally *Jerome J. Shestack Vernon Eagle Arthur E. Smith Ann Fagan-Ginger *George P. Smith Field Foundation Stanford Law Review John C. Floyd Donald Stocks Ford Foundation Carl B. Stokes Karen Frye Student Bar Association, UCLA Richard L. Gates *Kenneth S. Tollett Graduate Student Association, *James Turner UCLA William Bennett Turner *Connie Graham UCLA Foundation Kenneth 'Graham Charles Halpern UCLA Student Fund Nathan Hare Richard W. Velde Richard Hatcher *Gerald David White & Leroy Higginbotham Verne K. Maxwell Andrea Hill George A. Wiley Donald K. Hill *Barbara J. Williams Lynne Hollander *Charles Z. Wilson, Jr. Harold W. Horowitz *Frank A. Work *Denotes Founding Members PERSPECTIVES ON SCHOOL DESEGREGATIONA CONTRIBUTORS... ROBERT L CARTER is a senior partner in the New York law firm of Poletti, Freidin, Pashker, Feldman & Gartner. He received a B.A. from Lincoln Univer- sity, a LL.B. from Howard University, and a LL.M. from Columbia University. From 1945 to 1968 he worked with the NAACP Legal Education and Defense Fund, first as an Assistant Counsel, and then in the head position of General Counsel. During this period he was one of the key attorneys who argued for the appellants and some of the other interested parties in the monumental Brown v. Board of Education, the mass litigation to desegregate Southern schools. KENNETH L. KARST AND HAROLD W. HoRowITz are both Professors of Law at the University of California, Los Angeles. Prior to joining the U.C.L.A. faculty in 1964, Professor Horowitz taught law at the University of Southern California, Harvard University and Stanford University, and served as Associate General Counsel for HEW. He received a B.A. from U.C.L.A. in 1943, a LL.B. from Harvard in 1949, a LL.M. from U.S.C. in 1954, and a S.J.D. from Harvard in 1967. Professor Karst taught law at Harvard University, Ohio State University, and the University of Michigan prior to joining Professor Horowitz on the U.C.L.A. faculty in 1965. He received a B.A. from U.C.L.A. in 1950, and a LL.B. from Harvard in 1953. The publications of Professors Karst and Horowitz include a book which they co-authored, Law, Lawyers, and Social Change: Cases and Materials on the Abolition of Slavery, Bobbs-Merrill, 1969. RONALD BROWN is currently doing graduate work at Harvard Business School. He received a B.A. in History from Rutgers University (1967) and a J.D. from Harvard Law School (1971). Prior publications include: "White Debt and Black Control of Missionaries and Panthers," included in a recent book, With Justice for Some; an article in the Rutgers Review: "Marquis de Sade and Sigmund Freud;" and a case comment in Harvard Civil Rights-Civil Liberties Law Review: "Norwalk C.O.R.E. v. Norwalk Board of Education." Mr. Brown acknowledges the assistance of Ms. Geraldine Reed, Editor of Harvard Civil Rights-Civil Liberties Law Review, in preparing this article. DONALD W. HOWIE is an Associate Professor of Political Science and Black Studies at the State University of New York at Stony Brook. He received a B.A. in Political Science from Drew University in 1965, an M.A. in History of Ideas from Brandeis University in 1971, and a J.D. from Yale Law School in 1969. He is also presently a Graduate Fellow in Political Science at the Massa- chusetts Institute of Technology..